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Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)

Act current to 2020-05-17 and last amended on 2015-06-23. Previous Versions

PART IMembers of Parliament Retiring Allowances (continued)

Allowances (continued)

Marginal note:Additional retirement allowance on ceasing to be a member before January 1, 1992

  •  (1) Subject to section 58, where a person ceased to be a member before January 1, 1992, having contributed or elected to contribute under Part I or III of the former Act as a member for at least six years and has contributed pursuant to subsection 21(5) or (7) of that Act, there shall be paid to the person during the lifetime of that person an additional retirement allowance equal to the average annual sessional indemnity as a member multiplied by the number of years of pensionable service to the credit of that person calculated in accordance with subsections (2) and (3), multiplied by 0.05.

  • Marginal note:Calculation of years of pensionable service

    (2) For the purposes of subsection (1), a person, on ceasing to be a member, is deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons, during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of a salary or an annual allowance during that calendar year.

  • Marginal note:Application of subsection 14(3)

    (3) In the application of subsection (2), the deeming provision of subsection 14(3) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

  • R.S., 1985, c. M-5, s. 15
  • 1992, c. 46, s. 81

Marginal note:Allowance on ceasing to be a member on or after January 1, 1992

  •  (1) Subject to sections 58 and 59, where a person ceases to be a member on or after January 1, 1992, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years, there shall be paid to that person during the lifetime of that person in respect of all those contributions, other than those made under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 12(2) of this Act or under subsection 21(5) or (7) of the former Act, a retirement allowance equal to the average annual sessional indemnity of the person multiplied by

    • (a) with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (3), (4) and (6), the number of those years and portions of years multiplied by 0.03, in the case of a member of the Senate, and by 0.05, in the case of a member of the House of Commons; and

    • (b) subject to subsection (2), with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (5) and (6), the number of those years and portions of years multiplied by 0.02.

  • Marginal note:Age limitation

    (2) The portion of a retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age.

  • Marginal note:Calculation of years of pensionable service to the credit of Senators before January 1, 1992

    (3) For the purposes of paragraph (1)(a), in respect of time spent as a member of the Senate before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to six per cent of the sessional indemnity payable to a member of the Senate during any period of twelve months beginning on April 4, 1965, or on April 4 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the Senate by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

  • Marginal note:Calculation of years of pensionable service to the credit of members of the House of Commons before January 1, 1992

    (4) For the purposes of paragraph (1)(a), in respect of time spent as a member of the House of Commons before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8 of any year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

  • Marginal note:Calculation of years of pensionable service between January 1, 1992 and December 31, 2015

    (5) For the purposes of paragraph (1)(b), in respect of time spent as a member during the period that begins on January 1, 1992 and ends on December 31, 2015, or any period of pensionable service in respect of which an election under section 10 has been made during that period, a person is, on ceasing to be a member, deemed to have one year of pensionable service to his or her credit for each amount, equal to 4% of the sessional indemnity payable to a member during any 12-month period beginning

    • (a) in respect of members of the House of Commons, on April 8 of any year, and

    • (b) in respect of members of the Senate, on April 4 of any year,

    that the person has contributed or elected to contribute under this Part on the amount received as a member by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

  • Marginal note:Idem

    (6) Where any amount that a person referred to in subsection (3), (4) or (5) has contributed or elected to contribute under this Part or Part I or III of the former Act in respect of any sessions referred to in that subsection is less than the amount set out in that subsection, that person is deemed to have to the credit of the person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that subsection.

  • R.S., 1985, c. M-5, s. 16
  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 14

Marginal note:Additional retirement allowance on ceasing to be a member on or after January 1, 1992

  •  (1) Subject to section 58, where a person ceases to be a member on or after January 1, 1992, having contributed or elected to contribute under this Part or Part III of the former Act as a member for at least six years and has contributed under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 21(5) or (7) of the former Act, there shall be paid to the person during the lifetime of that person an additional retirement allowance equal to the average annual sessional indemnity of the person multiplied by

    • (a) with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (3) and (5), the number of those years and portions of years multiplied by 0.05; and

    • (b) subject to subsection (2), with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (4) and (5), the number of those years and portions of years multiplied by 0.02.

  • Marginal note:Age limitation

    (2) The portion of an additional retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age.

  • Marginal note:Calculation of years of pensionable service before January 1, 1992

    (3) For the purposes of paragraph (1)(a), in respect of time spent as a member before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of salary or annual allowance during that calendar year.

  • Marginal note:Calculation of years of pensionable service after January 1, 1992

    (4) For the purposes of paragraph (1)(b), in respect of time spent as a member

    • (a) on or after January 1, 1992, and before January 1, 2001, or any period of pensionable service in respect of which an election under section 10 has been made during that period, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to four per cent of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has, during that calendar year, contributed pursuant to subsection 9(2) or elected to contribute pursuant to clause 11(1)(a)(i)(B), as it read before the coming into force of this paragraph, or pursuant to clause 11(1)(a.1)(i)(B); and

    • (b) during the period that begins on January 1, 2001 and ends on December 31, 2015, or any period of pensionable service in respect of which an election under section 10 has been made during that period, the person is, on ceasing to be a member, deemed to have one year of pensionable service to his or her credit for each amount, equal to 4% of the sessional indemnity payable to the person as a member of the Senate or House of Commons, as the case may be, during any calendar year, that the person has, during that calendar year, contributed under subsection 9(2) or elected to contribute under subparagraph 11(1)(a)(i).

  • Marginal note:Exception

    (4.1) Subsection (4), as it read immediately before July 12, 2001, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(10).

  • Marginal note:Application of subsection 16(6)

    (5) In the application of subsection (3) or (4), the deeming provision of subsection 16(6) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

  • Marginal note:Limitation — pensionable service before January 1, 2016

    (6) The additional retirement allowance payable to a person under subsection (1) is only payable in respect of his or her pensionable service before January 1, 2016.

  • R.S., 1985, c. M-5, s. 17
  • 1992, c. 46, s. 81
  • 2001, c. 20, s. 19
  • 2003, c. 16, s. 3
  • 2012, c. 22, s. 15

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — 65 years of age or older

  •  (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years and the person has reached 65 years of age when he or she ceases to be a member, there shall be paid to that person during his or her lifetime a retirement allowance in an amount calculated under subsection (2).

  • Marginal note:Amount

    (2) The amount of the retirement allowance is equal to the portion of the person’s average annual pensionable earnings that does not exceed his or her earnings limit for the calendar year in which he or she ceased to be a member multiplied by the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02, minus an amount equal to the percentage fixed by the Chief Actuary of

    • (a) the person’s average maximum pensionable earnings,

    multiplied by

    • (b) the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02.

  • Marginal note:Pensionable service

    (3) Subject to subsection (4), the person’s pensionable service for the purposes of subsection (2) is

    • (a) the years and portions of years spent as a member after December 31, 2015 during which he or she was required to contribute under this Part, other than any period in respect of which a withdrawal allowance has been paid to the person; and

    • (b) the years and portions of years in respect of which he or she elected on or after January 1, 2016 to bring to his or her credit as time spent as a member.

  • Marginal note:Service after contributions under subsection 12(2.1) not to be included

    (4) The person’s service as a member during which he or she was required to contribute under subsection 12(2.1), if any, is not to be included in the calculation under subsection (3) of the person’s pensionable service.

  • Marginal note:Retirement pension to be taken into account

    (5) In fixing the percentage for the purposes of subsection (2), the Chief Actuary shall take into account the retirement pension payable to a person under the Canada Pension Plan or under a similar provincial pension plan.

  • 2012, c. 22, s. 16
 
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